Advocate flags alleged violation of Sec 2 (5AA) of Haryana Municipal Act, 1973, says non-HCS officers heading civic bodies could expose official decisions to legal challenge
Face2News/Chandigarh
Questions have been raised over the Haryana Govt’s non-compliance with statutory provisions governing appointments of Chief Executive Officers (CEOs) in Municipal Councils located at district headquarters, with a representation submitted to top state authorities alleging that all 13 such civic bodies are currently functioning without officers of the rank mandated by law.
Advocate Hemant Kumar, practising at the Punjab and Haryana High Court, has written to Haryana Governor Ashim Kumar Ghosh, Chief Minister Nayab Singh Saini and senior officers of Personnel as well as Urban Local Bodies Department, seeking immediate corrective action regarding the appointment and posting of CEOs in Municipal Councils situated at district headquarters across the state.
According to the representation, Municipal Councils at Bhiwani, Charkhi Dadri, Fatehabad, Hansi, Jhajjar, Jind, Kaithal, Narnaul, Nuh, Palwal, Rewari, Sirsa and Thanesar are allegedly not being headed by officers of the rank of Extra Assistant Commissioner (EAC), despite a statutory requirement incorporated through amendments to the Haryana Municipal Act, 1973.
Hemant has contended that Section 2(5AA) of the Act, inserted through the Haryana Amendment Act 24 of 2022, specifically defines a Chief Executive Officer of a Municipal Council situated at a district headquarters as an officer “not below the rank of Extra Assistant Commissioner” appointed by the State Government.
‘No Scope for Deviation from Statutory Mandate’
In his memorandum, the Advocate argued that once the legislature has expressly prescribed the minimum rank for appointment to the post, the State Government is legally bound to ensure strict compliance.
“The law leaves little room for deviation. If the statute mandates an officer not below the rank of Extra Assistant Commissioner, the post should be filled accordingly,” asserted Hemant.
Validity of Orders May Face Legal Scrutiny : The representation further warns that appointments allegedly made in contravention of the statutory provision could have wider legal implications.
According to Hemant, orders, directions and administrative decisions issued by officers posted as CEOs despite being below the prescribed rank could become vulnerable to challenge before courts or other judicial forums.
Legal experts point out that where legislation prescribes qualifications or rank requirements for a statutory office, prolonged deviation from such provisions often raises questions about administrative legality and procedural compliance.
Representation Sent to Top Bureaucracy
Besides the Governor and Chief Minister, copies of the memorandum have been forwarded to Chief Secretary Anurag Rastogi, Urban Local Bodies Minister Vipul Goel, Urban Local Bodies Department Additional Chief Secretary Ashok Kumar Meena, Director Urban Local Bodies Mukul Kumar, Personnel Department Secretary Pankaj, and Legal Remembrancer Ritu Garg.
The Advocate has urged the government to immediately review existing postings and ensure that CEOs of all Municipal Councils located at district headquarters are appointed strictly in accordance with the provisions of the Haryana Municipal Act.
Government Response Awaited
No official response from the State Government or the Urban Local Bodies Department was available at the time of filing this report.
The issue is expected to draw attention within administrative and legal circles, particularly if questions regarding the legality of appointments and decisions taken by the concerned civic authorities are pursued further.
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